Friday, April 17, 2009

Yeetle Box - Colicheski v. Lytell: A Tale of Two Parrots

"Oh my God, that’s him!”

Thus spoke Angela Colicheski as the young subject of her custody battle with Sarita Lytell was brought into court. Both women knew that only one of them would leave the Florida court with the youngster each had, at different times, nurtured and doted on, fed, sheltered, loved. The judge looked on gravely as he realised that in deciding which desperate woman should win custody, he would have to exercise the wisdom of Solomon - or, at least, that of Judge Lance Ito.

The question? Which of these devoted parents would leave with a 13-year old African Grey parrot.

For ten years, Colicheski had loved and cared for the parrot she called Tequila - after her favorite drink. Then, three years ago, Tequila flew away over her garden fence, anxious to start of live of his own.

Colicheski ran frantically all over the district but could not find him - similar to Geppetto looking for his lost Pinochhio.

She was distraught, heart-broken. Three long years passed.

Then, as if transported into a Disney movie, Colicheski, sitting in a local Dunkin Donuts, chatting to Lytell, whom she had just met, started to talk about parrots - a subject they had in common. (And did they, as they were soon to find out.)


Lytell said she had one called Lucky that she had found three years earlier. It quickly became clear that he was the one Colicheski had lost. In a fit of defiance, Lytell refused to hand him over, having formed a bonded (bondaged?)relationship with the bird.

Hence, to court to determine the fate of Lucky/Tequilla.

The judge heard a lawyer for Lytell argue that as she had cared for the bird for three years it had become hers. Colicheski’s lawyer, however, argued that the parrot was a chattel (a piece of legal property) and must be returned. The judge agreed, saying that the parrot was treated, under state law, as personal property. “If the plaintiff had lost her automobile somehow along the way,” he asked rhetorically, “would it be any less her property when she found it?”

Lytell's lawyer argued vigorously, "Cars don't fly!

Nevertheless, not swayed by the "cars don't fly" ploy, the judge ruled that Tequila/Lucky was the property of Colicheski as she was his original owner and carer for ten years.

Then, in a dramatic courtroom moment, Tequila took the stand. He was brought into court. Upon seeing his previous owner he emitted what witnesses said was "a loud call of recognition" that went something like "Squaaaaaaawwwwwk! Squaaaaaaaawwwwwkkkkk!"

The judge immediately ruled the parrot be returned to its rightful owner and that each of the bird's caretakers be submitted to strict psychological testing.



The YeetleMaster

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